Page
390
Mr. Pollock objected to the admission of the American judgment.
His Lordship said that his view was that it might be put in as evidence that the' American Court had done this, that or the other. But that would not affect his judgment.
Mr. Pollock submitted that it could not come in on the ground of irrelevancy; this being an absolute contract it would be irrelevant for the American Courts to come in whatever they decided.
His Lordship asked if that would not e shutting out evidence that the other side would be entitled to put in, showing the reason why certain of the goods had not come! He would simply take it as evidence that the defendants had been stopped in some way or another from sending these goods.
Mr. Blade said the next point in the defence was that they had not been protected in their holding on the other side. The writs of foreigu attachment were not sufficient to cover all the goods contained in these 26 cases, though quite sufficient to cover a portion. As the orders were only sufficient to protect a portion, the defendants were liable ouly in respect of that portion on which they were pro- tected on the other side. Finally be submitted that on the plaidtiffs lay the onus of proof that the goods on board were the goods of T. W. Hindmarsh and of that they had given no evidence at all except that they were shipped for T. W. Hindmarsh. He submitted also that he was entitled to use the record of the American Court as evidence as to what contents of the boxes did in fact belong to T. W Hindmarsh, he having been a joint party in the case.
THE HONGKONG WEEKLY PRESS AND
|
POLICE COURT.
Tuesday, 26th May.
BEFORE MR. F. A. HAZELAND (POLICR
MAGISTRATE).
!
THE CHARGE AGAINST MÔFFI T.. R P. Moffitt was placed in the do:k on charges, which he has already admitted, of ambezzling over $10,000 belonging to the Dairy Farm Co., Ld., while acting as its secretary. Mr. E, A. Bonner, solicitor Messrs. Dennys and Bowley), conducted the prosecution. Lance-Sergeant Earner gave evidence as to the extradition of the defendant from Port- land, Oregon.
Francis Maitland, until recently chairman of the board of directors, Dairy Farm Co, said the defendant had been employed as secretary to. the company under a three-years' agreement. His duties were to keep the books, pay all money received into the bank, and generally to Inok after the interests of the company, about $12,000 of the capital of which was invested in one mortgage. This sum was called up to wards the end of Septemb r last, and, with the last month's interest, amounting to $75, should have been paid into the company's bank as received from their solicitors, Messrs. Dennys & Bowley. On 1 th October last witness, saw the defendant with reference to particulars concerning the year's accounts. That was the last time he saw the defendant, who promised to furnish the particulars by the following Tuesday. As they were not forth- Mr. Pollock having replied,
coming, witness called in at the company's His Lordship said be would rese ve judgment. office ou the way home that evening, but the The Court adjourned.
defendant was not there. From that day until now he had never seen the defendant. The book produced was the account folio belonging to the company. It contained three counterfoils, dated 27th September, showing that on that day $10,000 had been paid into the bank in notes, $765.89 by various cheques, and $20.60 by two other cheques. In consequence of what he learned at the bank, witness obtained a warrant on 15th October for the arrest of the defendant, who, however, had left the Colony, and was not arrested on that warrant. Attempts were made to open the safe, but in vain, and it had subse. quently to be done by the Dock Company. Mr. W. H. Polts, the company's auditor, then went through the books, and on his information wit- ness obtained another warrant for the defendant's arrest. That warrant, like the first, was ineffective.
Thursday, 28th May.
IN ORIGINAL JURISDICTION. BEFORE HIS HONOUR SIE HENRY S. BERKELEY (ACTING CHIEF JUSTICE).
A PARTNERSHIP CASE.
The hearing was resumed in the case in which Ho Fung Hang, as administrator of the estate of Ho i Shek, deceased, sued Chan Kit San and Sa Kuk San, as partners in Yan Wo and Yi Li opium firms, to account to the plaintiff in respect of certain shares in these firms alleged to have been held by Ho 1 Shek Mr. E. B. Sharp, K.C., barrister at law (instructed by Mr. E. C. Pontifex of Messrs. Ewens Harston, solicitors), appeared for the defenda ts; aud Messrs. H. E. Pollock, K.C., and T. Morgan Phillips, barris ters-at-law (inst, acted by Mr. E. A. Bonner of Masers Dennys & Bowley, solicitors); were for the plaintiff.
The Chief Justice had ordered that the issues of law in the case be argued, as follows:-(1) It being admitted that the defendants were not partners with Ho I Shek in his lifetime in the Yan Wo firm although they are now partners in the said firm, and assuming that Ho I Shek was at the time of his death entitled to a share in the said firm, and assuming that no settle ment of accounts respecting that share has ever taken place between Ho I Shek's representatives and the present or past partners in the firm, are the defendants Jiable as such present part- nors to account to the plaintiff in respect of the said share (2) It being admitted that the defondants were not partners with Ho I Shok in his lifetime in the Yi Li firm, and assuming that Ho T Shek was at the time of his death entitled to a share in that firm, and assuming that no settlement of accounts respecting the said share has ever taken place between Ho I Shek's representatives and the present or past partners in the firm, are the defendants liable as such present partners to account to the plaintiff in respect of the said shere be Chief Justice had farther ordered that the issues of fact be tried after the settlement of the issues of laws
The case was firat hear on 24th ult., when Mr. Sharp, K.C., opened the debate, and Mr. Pollook, K.C., followed but did not conclude his address.
Mr. Pollock continued his argument and Mr. Sharp replied.
The Court adjourned.
This concluded the witness's evidence, and defendant said he had no questions to pat,
John Mackenzie Forrester, assistant, Hong- kong & Shanghai Bank, deposed as to the pay. ments made to the bank on 27th September last.
Edgar Arthur Bonner, solicitor with Messra. Dennys & Bowley, solicitors to the Dairy Farm Cc., stated with reference to the $12,000 mort gage investment and the $75 interest that the defendant called on him and asked that the money, which Messrs. Dennys & Bowley were securing on behalf of the Dairy Farm Co., should be handed over to him early next morning, as, the day being Saturday and the bank closing early, he wished to pay it in at once. The defendant called next day and received the total sum, $12,075, in the presence of the witness.
E
William Hutton Potts, auditor for the Dairy Farm Co., said he examined the books of the company in October last. In the shroff's collecting-book on 29th and 30th April, 1902, the defendant signed as having received $2,844, and in his rough cash-book credited the company with $1,108.74; this sum also appeared in the clean cash-book. On 16th May he signed for $2,185,97, and credited the company with $1,185.97. On 12th June he credited the company with $1,094.49 out of $1,494.49 that he had signed for ss receiving from the shroff.
Witness gave other instances of this under- writing of the accounts, after which Inspector Warnock deposed that the defendant when charged said he had nothing to say.
This concluded the evidence for the prosecu- tion, and Moffitt, who told his Worship that he had no statement to make, was committed for trial.
for
woman.
[June 1, 1903.
ARMED ROBBERIES.
ONE MAN KILLED.
8
Two more of the armed robberics which occur so frequently in the Colony despite the efforts of the policy to prevent them, backed up, too, as these efforts are by the rigorous punishment meted out to the culprits when they are caught, were committed on the Kowloon side on the 24th inst. About half-past three, six men entered a house at 149 Hok Un. Hunghom, under the pretext-of searching two inmates, an
opium, and bound and gagged the old men and young camped subsequently with money, jewelry, They ransacked the place, and de- and clothing to the valu of about $200. Get- ting free from their bonds, the inmates reported the outrage to the polio, and search parties Haaghom four were arrested and at Yaumati were despatched to look for the robbars. At
found him lying badly injured at the bottom of one. This left que still at liberty, and the police
a quarry into which in his flight he had fallen. lle was taken out and removed to hospital, but. on the way there succumbed property has been recovered from the persons to his injuries. A large portion of the stolen of the prisoners; the dead man's connection with the affair was guessed from he fact that he too was in possession of some of the stolen articles.
The men had evidently c.refully planned their coup, for they carried with them ingeniously-contrived gags and cord to bind their vic tims. They will probably be formally charged on the 27th inst, at the Magistracy and remanded,
On the 24th inst., at Ehataukok, an armed gang entered a house and robbed the inmates of property to the value of between two and three hundred dollars Particulars of the affair have not yet come to hand.
A HONGKONG TRIBUTE TO .
BEACONSFIELD.
As usual, on April 19th, the twenty-second anniversary of the death of Lord Beaconsfield, the statesman's statue in Parliament Square, Westminster, was decorated with floral tributes from admirers. The following reference appears in the Standard to this year's tribute from Mr. E. R. Belilios:-
"Nestling among the flowers at the base of the statue was a card framed in oak, on which was the following:
· Peace with honour. 1878. In memory of Right Hon. Earl of Baconsfield. Died April 19, 881-From the Hon. E. R. Belilies, Hongkong. Forti nihil difficile.
We wear the primrose for his sake;
We ke p his memory green
was
Who never swerved from honour's path
True servant of the Queen." We further read that at Hughenden, in Buckinghamshire, the late Earl's country seat, A handsome floral tribute from the Hon. E. Belilios, of Hongk ng, was placed in the seat formerly occupied by the Farl of Beaconsfield, in the chancel of the church, immediately below the mural tablet erected to his memory by the late Queen Victoria. It consisted of a cross of beautiful white flowers, to which tied a device in the form of an open Bible, the pages being formed of rows of red roses and the margins of forget-me-nots. Wide ribbons, red. white, and blue, were used as book-markers. and over the book floated a real white dove, betokening peace. A cird attached bore the inscription :-" Peace with Honour. A.E.I. 1878. In memory of the Right Honourable the Earl of Beaconsfield, K.G.; died April 19, 1881. From the Hon. E. R. Belilios, C.M.G., Hongkong. Forti nihil difficile.
The Singapore Free Press gives prominence to an announcement that the Government of the Federated Malay States are about to impose a probibitive duty on exports of tin ore outside the Colony. It is well known, our' con- temporary says, that an American syndicate aims at buying up tin ore in the Straits, ship. ping it to New York, and there smelting and refining it for the market. As at present America takes 70 per cent of the whole of "the Straits production it is obvious that the American scheme would have a damaging effect upor the Colony.